Separate property cannot treated as ancestral property
I purchased some property from my own income. My family members are treating that property in the bunch of joint family property. I want to sell my property. Whether
It is well settled that a Hindu can have interest in
You have an absolute and unfettered right to dispose of property (disputed in the suit) in the manner you like. Your child has no right to claim his share on basis of wrong belief that it is an ancestral property. Thus property inherited by a person from collaterals such as brother, uncle, etc., cannot be said to be ancestral property and his son cannot claim a share therein as if it were ancestral property.
If you have merged your separate or self-acquired property into ancestral property, then nature of the property becomes change. Whole property shall be called or treated as an ancestral property and all the coparceners have accrued right to enjoy it.
Thereafter your child (coparcener) can claim his right in the property on the basis of inheritance. But it is not simply proved by oral evidence, it must be shown that you have thrown your separate property into the common stock with a view to give up your exclusive right thereon. Unless it is not proved, said property cannot be treated as an ancestral property.
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You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)
The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.
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